15 August 2008
document
In the following statement Botswana Federation of Trade Unions Secretary General GADZANI MHOTSHA explains the context of the formation of the new 'rival' federation.
The Botswana Federation of Trade Unions (BFTU) would like to comment on the issues surrounding the formation of a new trade union federation by the Botswana Public Employees Union (BOPEU) and National Amalgamated Local and Central Government and Parastatal Manual Workers Unions otherwise known Manual Workers Union (NALCGPMWU).
The statement is warranted by the level of deceit and manipulation, which has even reached the level of affiliates. If BFTU fails to respond at this time, some of the information may be taken as fact. We concede that it has taken long for BFTU to state its position on the matter, mainly due to the trivialising of the issues by some people, trade unions, and media writers. Hence, this statement confines itself only to the major issues raised in the media.
Membership statistics
Firstly we have come to realise that one of the key issues being used in the arguments surrounding the affability of the new federation and therefore the contemptibility of BFTU is the issue of numbers. For trade unions membership numbers are a very contestable matter that is usually at the core of differences. We would therefore gladly shed light on it. According to official statistics, such as the Labour Force survey 2005/6, Labour Statistics 2006 and data compiled by the Directorate of Public Service management (DPSM), the total government employment stands at 113,000 excluding BDF. This a conservative estimate based on 2007 figures with an annual growth rate of about 2%.
The figure includes Police and Prisons Services and members of management, all of whom are not eligible for trade union membership as per the Trade Unions and Employers Organisations Act (TUEOA) and Trade Disputes Act (TDA) and the new Public Service bill (which may come into effect anytime soon). The combined numbers of ineligible employees stands at about 15,000, which reduces the eligible to about 100,000 if we allow for the effect of growth mentioned above. According to DPSM, the estimated industrial employees of Central Government (CB) are 29,000, the constituency that is represented by the Manual Workers Union (MWU).
This number can be distributed between three groups: member of MWU, members of the Botswana Government Workers Union (BOGOWU) with a membership of 9, 676 and the unorganised (those who do not belong to any union). Since the unorganised have never been accurately measured and because there could be a small possibility of dual membership with BOGOWU, for the benefit of doubt, it could be safely assumed that the unorganised are part of MWU (though this is not strictly correct). This means that the maximum membership of MWU in CB is 19, 324.
The establishment of Local Government Service (LGS) is about 25,000. These include Permanent and Pensionable employees (P&P), members of Management and Industrial Employees. The break down is as follows: the Botswana Land Boards & Local Authorities Workers Union (BLLAWU) has paid up memberships of 10,100 and its membership still being processed is approximately 3,000, mostly industrial class employees defecting from MWU. BOGOWU membership in LGS is 2,500. Therefore the total membership of BLLAWU and BOGOWU in LGS is 15, 600, which leaves a remainder of 9,900, which includes members of management, members of MWU and the unorganised. For argument's sake, we could ascribe about 9,000 to MWU, which is quite a liberal estimate.
The conclusion from this statistical exercise is that in both Local Government and Central Government services the membership of MWU cannot exceed 28, 324, even with liberal estimation. The correct figure is actually less. The Botswana Public Employees Union (BOPEU, formerly BCSA) has a declared membership of just over 16,000.
This means the combined BOPEU and MWU membership is a maximum possible 44,324, which is the closest estimated membership for the new Federation. The figures being bandied about of a combined membership of about 80, 000 are just an attempt to manipulate, deceive and mislead gullible people, especially uninformed members of other public service trade unions.
Comparatively the paid-up membership breakdown of BFTU affiliates in the public service is as follows:
* Botswana Teachers Union 11,000
* Botswana Secondary School Teachers Union 9,000
* Botswana Land Board & Local Authorities 10,100
* Botswana Government Workers Union 9,700
* Trainers & Allied Workers Union 700
TOTAL 40,500
This is slightly less than the combined estimated membership of the new federation. But then some people making comparisons confuse this with the combined BFTU membership. This is just the public sector wing of BFTU, excluding the private sector Unions which are not part of our discussion here. We challenge anyone with better statistics with official verifiable sources, to make a substantial correction to these figures.
Now if we apply these figures to the 'Recognition argument, the new federation is 44% while BFTU affiliates are 41% of the public service. The difference is the unorganised P&P groups in both Central and Local Government some of whom belong to the four existing staff associations which are yet to register as trade unions (about 15% of the total public service establishment - the actual figure is likely to be slightly higher). The required threshold is 33%, which both groups qualify for. Already the BFTU Public Service Unions have made a formal proposal two BFTU to act jointly for the purpose of recognition and bargaining on the public service according to TDA and TUEOA. Therefore the whole story of Unions defecting from BFTU because they cannot qualify to bargain unless they join the new federation does not hold water.
Bargaining Councils in the public service
It should be appreciated that the authority regulating employees /employers relations in Botswana rests on two main pieces of legislation: the Trade Disputes Acts (TDA) and Trade Unions & Employers' Organizations Act (TUEOA) who both cite government as an employer. The establishment of Bargaining Councils is provided under Section 36 of the TDA. The Industrial Councils (ICs) for the purposes of bargaining are not the prerogative of the employer but are established by the Commissioner after application by a union and the employers' organisation. It is therefore imperative that the new Public Service Act should be aligned with the provisions in the TDA and TUEOA to be valid. Otherwise it will be contravening the legislation that establishes and regulates employees/employers relations which draws its authority from the ratified ILO Conventions 87, 98, 144 and 151 which brought unionisation to the Botswana public service. It should be noted that the dealings between a trade union and employer are based on the recognition of the former by the latter. The relations between the two cannot be founded on subjective structure such as bargaining chambers created with the authority of the employer. In other words, the employer cannot create structures that debar a union from bargaining with the employer. Such restrictive practice or legislation is in contravention of the ILO Convention 87 on Freedom of association.
A union that has been granted recognition by the employer is granted bargaining rights through that recognition. When a union applies for recognition it is automatically applying for bargaining rights and once granted recognition it also means that access to bargain chambers has been given. Therefore it would be unprocedural to subject a recognised union to a further test of recognition based on constitution of a bargaining chamber. A trade union does not apply to a bargaining chamber for recognition, but to the employer, whereas a bargaining chamber is a just a creation of the two parties.
Therefore the creation of a bargaining chamber can never precede recognition since it serves the purpose of the recognition and not the other way around.
Another issue which has not been resolved is whether the Public service should be treated as a workplace or an industry. It is a debatable issue with equally strong arguments on both sides. On one hand there is only one employer, which means that the public service cannot be classified as an industry. On the other hand it is a very diverse and large employment sector with multiple trades and occupations which would make a single system approach untenable for effective representation unless trade union monopoly is imposed on the employees.
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